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| [ Introduced ] | [ Enrolled ] | [ House Amendment 002 ] |
91_SB1503eng SB1503 Engrossed LRB9112809DHpr 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 4-107. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 4-107 as follows: 7 (625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107) 8 Sec. 4-107. Stolen, converted, recovered, and unclaimed 9 vehicles. 10 (a) Every Sheriff, Superintendent of police, Chief of 11 police, or other police officer in command of any Police 12 department in any City, Village, or Town of thistheState, 13 shall, by the fastest means of communications available to 14 his law enforcement agency, immediately report to the State 15 Police, in Springfield, Illinois, the theft or recovery of 16 any stolen or converted vehicle within his district or 17 jurisdiction. The report shall give the date of theft, 18 description of the vehicle including color, year of 19 manufacture, manufacturer's trade name, manufacturer's series 20 name, body style, vehicle identification number and license 21 registration number, including the state in which the license 22 was issued and the year of issuance, together with the name, 23 residence address, business address, and telephone number of 24 the owner. The report shall be routed by the originating law 25 enforcement agency through the State Police District in which 26 such agency is located. 27 (b) A registered owner or a lienholder may report the 28 theft by conversion of a vehicle, to the State Police, or any 29 other police department or Sheriff's office. Such report 30 will be accepted as a report of theft and processed only if a 31 formal complaint is on file and a warrant issued. SB1503 Engrossed -2- LRB9112809DHpr 1 (c) An operator of a place of business for garaging, 2 repairing, parking or storing vehicles for the public, in 3 which a vehicle remains unclaimed, after being left for the 4 purpose of garaging, repairing, parking or storage, for a 5 period of 15 days, shall, within 5 days after the expiration 6 of that period, report the vehicle as unclaimed to the 7 municipal police when the vehicle is within the corporate 8 limits of any City, Village or incorporated Town, or the 9 County Sheriff, or State Police when the vehicle is outside 10 the corporate limits of a City, Village or incorporated Town. 11 This Section does not apply to any vehicle: 12 (1) removed to a place of storage by a law 13 enforcement agency having jurisdiction, in accordance 14 with Sections 4-201 and 4-203 of this Act; or 15 (2) left under a garaging, repairing, parking, or 16 storage order signed by the owner, lessor, or other 17 legally entitled person. 18 Failure to comply with this Section will result in the 19 forfeiture of storage fees for that vehicle involved. 20 (d) The State Police shall keep a complete record of all 21 reports filed under this Section of the Act. Upon receipt of 22 such report, a careful search shall be made of the records 23 of the office of the State Police, and where it is found that 24 a vehicle reported recovered was stolen in a County, City, 25 Village or Town other than the County, City, Village or Town 26 in which it is recovered, the State Police shall immediately 27 notify the Sheriff, Superintendent of police, Chief of 28 police, or other police officer in command of the Sheriff's 29 office or Police department of the County, City, Village or 30 Town in which the vehicle was originally reported stolen, 31 giving complete data as to the time and place of recovery. 32 (e) Notification of the theft or conversion of a vehicle 33 will be furnished to the Secretary of State by the State 34 Police. The Secretary of State shall place the proper SB1503 Engrossed -3- LRB9112809DHpr 1 information in the license registration and title 2 registration files to indicate the theft or conversion of a 3 motor vehicle or other vehicle. Notification of the recovery 4 of a vehicle previously reported as a theft or a conversion 5 will be furnished to the Secretary of State by the State 6 Police. The Secretary of State shall remove the proper 7 information from the license registration and title 8 registration files that has previously indicated the theft or 9 conversion of a vehicle. The Secretary of State shall 10 suspend the registration of a vehicle upon receipt of a 11 report from the State Police that such vehicle was stolen or 12 converted. 13 (f) When the Secretary of State receives an application 14 for a certificate of title or an application for registration 15 of a vehicle and it is determined from the records of the 16 office of the Secretary of State that such vehicle has been 17 reported stolen or converted, the Secretary of State shall 18 immediately notify the State Police and shall give the State 19 Police the name and address of the person or firm titling or 20 registering the vehicle, together with all other information 21 contained in the application submitted by such person or 22 firm. 23 (g) During the usual course of business the manufacturer 24 of any vehicle shall place an original manufacturer's vehicle 25 identification number on all such vehicles manufactured and 26 on any part of such vehicles requiring an identification 27 number. 28 (h) If a manufacturer's vehicle identification number is 29 missing or has been removed, changed or mutilated on any 30 vehicle, or any part of such vehicle requiring an 31 identification number, the State Police shall restore, 32 restamp or reaffix the vehicle identification number plate, 33 or affix a new plate bearing the original manufacturer's 34 vehicle identification number on each such vehicle and on all SB1503 Engrossed -4- LRB9112809DHpr 1 necessary parts of the vehicles. A vehicle identification 2 number so affixed, restored, restamped, reaffixed or replaced 3 is not falsified, altered or forged within the meaning of 4 this Act. 5 (i) If a vehicle or part of any vehicle is found to have 6 the manufacturer's identification number removed, altered, 7 defaced or destroyed, the vehicle or part shall be seized by 8 any law enforcement agency having jurisdiction and held for 9 the purpose of identification. In the event that the 10 manufacturer's identification number of a vehicle or part 11 cannot be identified, the vehicle or part shall be considered 12 contraband, and no right of property shall exist in any 13 person owning, leasing or possessing such property, unless 14 the person owning, leasing or possessing the vehicle or part 15 acquired such without knowledge that the manufacturer's 16 vehicle identification number has been removed, altered, 17 defaced, falsified or destroyed. 18 Either the seizing law enforcement agency or the State's 19 Attorney of the county where the seizure occurred may make an 20 application for an order of forfeiture to the circuit court 21 in the county of seizure. The application for forfeiture 22 shall be independent from any prosecution arising out of the 23 seizure and is not subject to any final determination of such 24 prosecution. The circuit court shall issue an order 25 forfeiting the property to the seizing law enforcement agency 26 if the court finds that the property did not at the time of 27 seizure possess a valid manufacturer's identification number 28 and that the original manufacturer's identification number 29 cannot be ascertained. The seizing law enforcement agency 30 may: 31 (1) retain the forfeited property for official use; 32 or 33 (2) sell the forfeited property and distribute the 34 proceeds in accordance with Section 4-211 of this Code, SB1503 Engrossed -5- LRB9112809DHpr 1 or dispose of the forfeited property in such manner as 2 the law enforcement agency deems appropriate. 3 (j) The State Police shall notify the Secretary of State 4 each time a manufacturer's vehicle identification number is 5 affixed, reaffixed, restored or restamped on any vehicle. 6 The Secretary of State shall make the necessary changes or 7 corrections in his records, after the proper applications and 8 fees have been submitted, if applicable. 9 (k) Any vessel, vehicle or aircraft used with knowledge 10 and consent of the owner in the commission of, or in the 11 attempt to commit as defined in Section 8-4 of the Criminal 12 Code of 1961, an offense prohibited by Section 4-103 of this 13 Chapter, including transporting of a stolen vehicle or stolen 14 vehicle parts, shall be seized by any law enforcement agency. 15 The seizing law enforcement agency may: 16 (1) return the vehicle to its owner if such vehicle 17 is stolen; or 18 (2) confiscate the vehicle and retain it for any 19 purpose which the law enforcement agency deems 20 appropriate; or 21 (3) sell the vehicle at a public sale or dispose of 22 the vehicle in such other manner as the law enforcement 23 agency deems appropriate. 24 If the vehicle is sold at public sale, the proceeds of 25 the sale shall be paid to the law enforcement agency. 26 The law enforcement agency shall not retain, sell or 27 dispose of a vehicle under paragraphs (2) or (3) of this 28 subsection (k) except upon an order of forfeiture issued by 29 the circuit court. The circuit court may issue such order of 30 forfeiture upon application of the law enforcement agency or 31 State's Attorney of the county where the law enforcement 32 agency has jurisdiction, or in the case of the Department of 33 State Police or the Secretary of State, upon application of 34 the Attorney General. SB1503 Engrossed -6- LRB9112809DHpr 1 The court shall issue the order if the owner of the 2 vehicle has been convicted of transporting stolen vehicles or 3 stolen vehicle parts and the evidence establishes that the 4 owner's vehicle has been used in the commission of such 5 offense. 6 The provisions of subsection (k) of this Section shall 7 not apply to any vessel, vehicle or aircraft, which has been 8 leased, rented or loaned by its owner, if the owner did not 9 have knowledge of and consent to the use of the vessel, 10 vehicle or aircraft in the commission of, or in an attempt to 11 commit, an offense prohibited by Section 4-103 of this 12 Chapter. 13 (Source: P.A. 89-433, eff. 12-15-95.)